Schools and 30.06 signs in the parking lot - Actually enforceable?

[RoyGBiv]

PC46.03 and 46.035 are unambiguous.
Emphasis mine.

PC §46.03. PLACES WEAPONS PROHIBITED. (a) A person commits an offense
if the person intentionally, knowingly, or recklessly possesses or goes with a
firearm, illegal knife, club, or prohibited weapon listed in Section 46.05(a):
(1) on the physical premises of a school or educational institution.......
.......
(c) In this section:
(1) “Premises” has the meaning assigned by Section 46.035

PC §46.035.
(f)
(3) “Premises” means a building or a portion of a building. The term does not
include any public or private driveway, street, sidewalk or walkway, parking lot,
parking garage, or other parking area.

[Beiruty]

RoyGBiv,

That's correct, however that restriction is intended for CHL holders under section 46.03, we are talking about a parking lot restriction via 30.06.

Parking lots are indeed set aside in 46.03/035, but can be perfectly valid in section 30.06.

Private employers cannot place 30.06 on private parking lot. So, why the public schools can?

[ScottDLS]

RoyGBiv,

That's correct, however that restriction is intended for CHL holders under section 46.03, we are talking about a parking lot restriction via 30.06.

Parking lots are indeed set aside in 46.03/035, but can be perfectly valid in section 30.06.

30.06 lays out that it is only effective for publicly owned property IF it is OTHERWISE PROHIBITED BY 46.03 or 46.035. So a school COULD enforce a 30.06 on a building, but they could also just use 46.03 and don't need a sign. I believe the intent was to allow schools, courthouses, etc. to post 30.06 signs, even if they don't have to.

Or a simpler question would be...what statute would I be charged under if I carried in a parking lot. 30.06....NO it's an exception to application that parking lots are not otherwise prohibited under 46.03 or 46.035. 46.03? Doesn't apply to parking lots. Actually 30.06 doesn't apply to parking lots even for private property because of MPA.

PC §30.06. TRESPASS BY HOLDER OF LICENSE TO CARRY CONCEALED
HANDGUN.
(a) A license holder commits an offense if the license holder:
....
(e) It is an exception to the application of this section that the property on which
the license holder carries a handgun is owned or leased by a governmental entity
and is not a premises or other place on which the license holder is prohibited
from carrying the handgun under Section 46.03 or 46.035.

[ScottDLS]

RoyGBiv,

That's correct, however that restriction is intended for CHL holders under section 46.03, we are talking about a parking lot restriction via 30.06.

Parking lots are indeed set aside in 46.03/035, but can be perfectly valid in section 30.06.

Private employers cannot place 30.06 on private parking lot. So, why the public schools can?

Employers cannot. Businesses can to restrict customers. We aren't talking about an employee/employer restriction, nor an employee -> school restriction.

No they can't, at least while in your car. You can carry under MPA therefore making 30.06 not applicable. Then if you HAVE a CHL then private business cannot use 30.05 either.

[Glockster]

So the typical answer I've seen given throughout the years is "Schools are a governmental entity, they cannot post 30.06 signs". This typically included parking lots of a school (see viewtopic.php?t=45865).

However G.A. Heath laid down some education for me regarding a separate instance of an amusement park owned by a city being able to post legally enforceable 30.06 signs due to them being listed in 46.035 and the way that 30.06(e) is worded (http://texaschlforum.com/viewtopic.php? ... 4#p1009624).

Given that, it would seem to me that a school, owned by a governmental entity, could post legally enforceable 30.06 signs in their parking lots due to being listed in 46.03 and the way that 30.06(e) is worded, even with the definition of premises in 46.035.

Thoughts?

If you re-read that thread though you'll find that it's not about what you think. That thread is about a Zoo trying to claim that it is an amusement park under that law. The Dallas Zoo isn't an amusement park, as the AG will no doubt soon affirm. Amusement parks must meet specific requirements to be considered that as it relates to handguns. And the thread is all about how the city does not own an amusement park but is instead trying to play games with the law in hopes of justifying it placing 30.06 signs in its zoo.

[ScottDLS]

On final point: A publicly owned "Amusement Park" (if there is such a thing) can post an enforceable 30.06, because Amusement Parks as defined in 46.035 are off limits, all of the park, IF they are posted.

A school PARKING LOT is NOT off limits in 46.03 OR 46.035, therefore 30.06 is inapplicable.

Theoretically a government owned CHURCH may post 30.06 and enforce it, but besides the fact that there is no such thing, the parking lot is still not prohibited..

[ScottDLS]

And THAT is why I studied physics and not law.

You guys amaze me.

Believe it or not I actually studied Physics too, though not beyond a Bachelor of Science degree... Quantum Mechanics and Spacial Calculus was what did me in.

[MeMelYup]

On final point: A publicly owned "Amusement Park" (if there is such a thing) can post an enforceable 30.06, because Amusement Parks as defined in 46.035 are off limits, all of the park, IF they are posted.

A school PARKING LOT is NOT off limits in 46.03 OR 46.035, therefore 30.06 is inapplicable.

Theoretically a government owned CHURCH may post 30.06 and enforce it, but besides the fact that there is no such thing, the parking lot is still not prohibited..

Doesn't it have to be 75 or more acres?

[3dfxMM]

It is perfectly legal and enforceable for a privately owned parking lot to be posted with a 30.06 sign. It doesn't apply while in your vehicle due to MPA, but it does make it illegal for you to exit your vehicle without first disarming.

[CJD]

And THAT is why I studied physics and not law.

You guys amaze me.

Believe it or not I actually studied Physics too, though not beyond a Bachelor of Science degree... Quantum Mechanics and Spacial Calculus was what did me in.

Me too! For 2 years that is, then I switched to Economics.